Question juridique clé
Whether the first shot fulfilled Art. 129 CP on the subjective element
Solution extraite
No. The cantonal court could find that the accused did not consciously and wilfully expose others to imminent danger of death; eventual intent is insufficient for Art. 129 CP.
Motifs extraits
The Federal Court held that the finding as to what the accused knew and wanted was factual and binding in nullity proceedings. Since Art. 129 CP still requires direct intent and does not cover dol eventual, the challenge failed.